VZCZCXYZ0001
OO RUEHWEB

DE RUEHVJ #3060/01 3350946
ZNR UUUUU ZZH
O 010946Z DEC 06
FM AMEMBASSY SARAJEVO
TO SECSTATE WASHDC IMMEDIATE 4962

UNCLAS SARAJEVO 003060 
 
SIPDIS 
 
SIPDIS 
 
L/LEI FOR GUILANI, GUTHRIE 
 
E.O. 12958: N/A 
TAGS: CJAN CVIS KCRM KJUS BK
SUBJECT: CORRECTED COPY: BOSNIAN RESPONSE CONCERNING 
EXTRADITION OF OSMAN SABIC 
 
REF: A. SARAJEVO 3057 B. STATE 189861 
 
¶1. This message corrects an error in paragraph two of 
Sarajevo 3057 that incorrectly identified the date of the 
letter from Velika Kladusa Municipal Court. This message 
supercedes Sarajevo 3057 (REF. A). 
 
¶2. On November 29,2006, Post received an official response 
concerning the Department's inquiry into whether Osman Sabic 
would be able to appeal his 1999 conviction in absentia for 
murder if extradicted to Bosnia and Herzegovina (BiH) (REF. 
B).  The Federation of Bosnia and Herzegovina (FBiH) Una Sana 
Canton Velika Kladusa Municipal Court confirms that Sabic has 
the right to lodge a request for extraordinary legal remedy 
to pursue his case under the BiH Constitution, FBiH 
Constitution, and the European Convention on Human Rights and 
Fundamental Freedoms. 
 
¶2. Below is an unofficial translation of the response 
received via the BiH Ministry of Justice Assistant Minister 
Nikola Sjadoje from the Velika Kladusa Municipal Court. 
Copies of the original court letter, dated November 28, 2006, 
and the unofficial translation provided by the Embassy have 
been sent to L/LEI Guthrie via email. 
 
BEGIN TEXT OF UNOFFICIAL TRANSLATION: 
 
From: 
 
Bosnia and Herzegovina 
FBiH Bosnia and Herzegovina 
Una-Sana Canton 
Velika Kladusa Municipal Court 
No: IKS: 2/2000 
Velika Kladusa, November 28, 2006 
 
To: 
 
BiH Ministry of Justice 
Sarajevo, Trg BiH 
h/d to Nikola Sladoje, Assistant Minister 
 
Subject: Osman Sabic, Extradition case 
 
Re: Your letter No. 07-14-2505/04 from November 22, 2006 
 
In response to your letter from November 22, 2006, I would 
like to inform you that Osman Sabic had the opportunity to 
make a plea, that is to present his defense in regard to 
murder charges, during criminal procedures which took place 
before the Bihac Cantonal Court (No. K-234/97). However, as 
you can see from the files, Osman Sabic intentionally did not 
use such opportunity, because he knew that he would be tried, 
so he left BiH and went to the U.S. in May, 1997. This was 
why, on December 16, 1998, Bihac Cantonal Court passed the 
Decision to try the defendant in absentia. 
 
Evidence: Letter from the Velika Kladusa Police Station, No. 
05-9/01-118/98 (dated November 20, 1998) to Bihac Cantonal 
Court. 
 
Since Osman Sabic resided in the U.S. from May 1997, he did 
not attend the hearing before the FBiH Supreme Court, which 
took place on October 21, 1999 (case Kz-155/99), but his 
attorney Suljo Delic from Bihac did attend. 
 
Evidence: Copy of the report from the FBiH Supreme Court 
session on October 21, 1999. 
 
Guarantees that Osman Sabic would get a new trial, in the 
event that he lodges the request for extraordinary legal 
remedy, are present in the BiH Constitution, the FBiH 
Constitution and the European Convention on Human Rights and 
Fundamental Freedoms (which is being applied in BiH directly 
and has priority over any other laws in BiH, including the 
FBiH Criminal Procedure Code). 
 
In connection with extradition expenses, I hereby inform you 
that the Cantonal Ministry of Justice provided 9,000 KM for 
extradition expenses, in accordance with the Una-Sana 
Cantonal Government Decision, No. 03-017-860/2006-OC from 
November 23, 2006. This Decision specifies that 4,000 KM will 
be paid from the Una-Sana Government's budget and 5,000 KM 
will be paid from the Una-Sana Ministry of Justice budget. 
 
With respect, 
 
President of the Court: 
Milan Romanic 
(Signature and official seal of the Velika Kladusa Municipal 
Court, Una Sana Canton, Federation of Bosnia and Herzegovina) 
 
 
END TEXT. 
CEFKIN